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S <br />released upon the establishment of vegetation which supports the approved postmining land <br />use and which meets the approved success standard for cover based on statistically valid data <br />collected during a single year of the liability period". In regard to Phase II bond release, <br />Section 3.03.1(3)(b) also states, "No more than (60) percent of the bond shall be released so <br />long as the lands to which the release would be applicable are contributing suspended solids <br />to streamflow or runoff outside the permit area in excess of premining levels as determined <br />by baseline data or in excess of levels determined on adjacent non-mined areas". <br />Phase III Bond Release <br />Phase III is the final phase of bond release. A Phase III bond release can occur: <br />No less than 10 years after the last year of augmented seeding, fertilizing, irrigation or <br />other work [Section 3.02.3(2)1; <br />2. When the permittee has successfully completed all surface coal mining reclamation <br />operations in accordance with the approved reclamation plan [Section 3.03.1(2)(c)]; <br />When all reclamation requirements of the Rules and the Act are fully met [Section <br />3.03.1(4)]; <br />4. When the final inspection procedures of 3.03.2 have been satisfied [Section <br />3.03.1(2)(c)]; and <br />5. For liability associated with temporary drainage and sediment control facilities, <br />including impoundments and conveying systems, only after final inspection, <br />acceptance, and approval by the Division.. Such approval shall be granted based on <br />determination by the Division that backfilling and grading, topsoiling, and reseeding <br />of such facilities have been completed in compliance with the approved plan. <br />Vegetative cover must be adequate to control erosion and similar to the reclaimed <br />area or surround undisturbed area. Reclaimed temporary drainage control facilities <br />shall not be subject to the extended liability period of 3.02.3(2) or the bond release <br />criteria of 3.03.1(2) [Section 3.03.1(5)]. <br />IV. OBSERVATIONS AND FINDINGS <br />Phase I Bond Release <br />The Division verified during regular monthly inspections, and during the July 20th, 2009 and <br />August 24th, 2009 bond release inspections, that the permanent gravel access road and pad <br />are as approved in the reclamation plan with no problems noted. <br />The drainage systems, including the Tipple Sediment Ponds, were reclaimed in 2003 via <br />Technical Revision 41. Former Tipple Ponds 1, 2, and 3 and associated interconnecting <br />ditches have been reclaimed to a drainage-way in accordance with the reclamation plan. <br />Tipple Pond 4, the lowest of what was once a set of 4 ponds, remains in an approved <br />Edna Mine Page 7 December 11, 2009 <br />Phase I, II, and III Bond Release